beta
(영문) 서울중앙지방법원 2018.12.21 2017나62510

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. (1) The Defendant is an insurance company that entered into a sales liability insurance contract (hereinafter “instant insurance contract”) with the non-party company on June 1, 2009 with H (hereinafter “non-party company”) on the “F” located in the fourth to eight floors of E facilities located in Seongdong-gu Seoul Metropolitan Government, which is operated by the non-party company, as indicated in the attached list.

(2) The Plaintiff, a fee-charging water play facility on August 29, 2009, is a person using “glarball” (hereinafter “instant play equipment”) as a kind of play equipment, which is a kind of play device “a facility and equipment from which a DNA user slicks a certain quantity of water flow without auxiliary equipment.”

B. (1) On August 29, 2009, the Plaintiff used the instant play equipment within the above F, without wearing the life jackets. Under the direction of safety personnel, who are employees of the non-party company at the point of origin of the instant play equipment, the head was unable to gather the body above and below the body. ① The head was slicking on the upper part of the water flow, ② the water flow slicked on the upper part (hereinafter “the instant traffic part”). At this time, the Plaintiff was coming to the broad flow of the shape of the factory (hereinafter “the instant traffic part”). < Amended by Presidential Decree No. 20348, Aug. 29, 2009; Presidential Decree No. 20420, Mar. 3, 2007>

(2) The Plaintiff, such as a safety embankment installed in the upper part of the instant play equipment when the body gushes up within the instant part of the instant play equipment, is a secondary shock in the process that the body gushes up to the upper part of the Plaintiff, in the written application for modification of the cause of the claim, 'the body shes up to the upper part of the complaint, claim, and claim, while coming up to the upper part of the instant play equipment, while coming up with the bridge in the instant part of the traffic safety embankment, and the water shes up to the part where the water shes up to the upper part.